Saturday, Date: Mar 25, 2023 Time: 6:09 am

Court stays removal of encroachment at GMSH-16 till Jan 2

Chandigarh: High drama was witnessed at Government Multi-Specialty Hospital (GMSH), Sector 16, on Monday when UT health department officials and police reached the chemist shop to vacate the encroached passage only to find the shop locked.
The UT health department had on December 22 ordered the chemist to clear an “illegally-occupied” public passage for the safety of lives and public property by December 25. The directorate of health services (DHS) had clarified that the order was related to the “encroached area of the adjacent public passage only.” However, in view of the existing orders of the court, “you may continue with possession of the allotted space of the chemist shop”, the DHS had said to the chemist.
However, the chemist closed the shop on December 25 evening and when the health department reached on Monday, the shop was locked.
In the afternoon, he opened the shop after approaching the court. However, the passage was not vacated after the court gave stay orders.
The chemist approached the court of an additional civil judge (senior division)-cum-vacation judge over the issue. The plaintiff had alleged that if the UT administration is not restrained from forcibly entering the premises, he will suffer irreparable loss and the purpose of filing this suit will become infructuous. Without examining the merits of the case, the court observed that it needs to be evaluated which party will suffer more loss if the UT administration is allowed to carry the removal of the alleged encroachment and no irreparable loss will be caused to them if the same is done after seven days.
In order to balance the equities and rights of both parties, the order of the UT administration to remove the alleged encroachment was stayed till January 2, the day when regular court work resumes, and both parties can submit their arguments before the trial court whether the illegal encroachment is liable to be removed or not. The court also observed that the timeline of the order passed by the UT administration is also to be taken note of.

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